Bombay High Court
Sangita Vilas Mudgun And Anr vs State Of Maharashtra on 29 September, 2022
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
(902)-ABA-2398-22.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Digitally signed
by BALAJI
BALAJI
GOVINDRAO
GOVINDRAO
PANCHAL ANTICIPATORY BAIL APPLICATION NO.2398 OF 2022
Date:
PANCHAL 2022.09.30
09:54:17
+0530
Sangita Vilas Mudgun & Ors. ..Applicants
Versus
The State of Maharashtra ..Respondent
Mr. Raviraj R. Paramane, for the Applicants.
Mr. A. A. Palkar, APP for the Respondent/State.
Mr. Mitesh Ghatte, Addl.SP, Pune - present.
Mr. Vikas Jadhav, PI, Junnar Police Station - present.
CORAM : NITIN W. SAMBRE, J.
DATE : 29th SEPTEMBER, 2022 P.C.
1. In view of repeated default noticed on the part of Investigating Officer, Mr. Suresh Salunkhe, PSI, in investigation in the office being Crime No.272 of 2022 registered with Junnar Police Station, this Court initially directed Senior Police Inspector to look in the matter and assist APP in deciding the bail application.
2. Yesterday i.e. 28th September, 2022, when the matter was heard, APP was helpless as the Investigating Officer was unable to issue any instructions on the investigation carried out, as upon perusal of the papers APP has informed that said Investigating Officer has not taken a single step in the matter thereby investigating the offence.
BGP. 1 of 3 (902)-ABA-2398-22.doc.
3. In the aforesaid background, this Court was required to summon Addl. Superintendent of Police, Pune.
4. In compliance with the order of this Court dated 28th September, 2022, Addl. Superintendent of Police, Pune, Mr. Mitesh Ghatte and Senior Police Inspector, Junnar Police Station, Mr. Vikas Jadhav are personally present in the Court.
5. Both the officials have detailed discussions with APP Mr. A. A. Palkar. Addl. Superintendent of Police through APP has assured that all the investigations which are assigned to Mr. Suresh Salunkhe, PSI shall be supervised by Senior Officer of the rank of Assistant Police Inspector. It is further assured that progress report in the investigation carried out in this matter shall be made available to the APP with all relevant papers by 14th November, 2022.
6. This Court appreciates response shown by the Addl. Superintendent of Police in the matter.
7. On 30th August, 2022, this Court has granted ad-interim protection in favour of the applicants with directions to attend Investigating Officer.
8. It appears that the public money which was allotted to the Gram Panchayat for development purpose was mismanaged/ BGP. 2 of 3 (902)-ABA-2398-22.doc.
embezzled by the applicants along with Gram Sevak. The total amount which was mismanaged is stated to be Rs.11,27,450/-. Applicant No.1 is Sarpanch, whereas applicant No.2 is Chairman of PESA Committee, whereas applicant No.3 is member of PESA Committee.
9. It is claimed by counsel for the applicants that their signatures were forged by the Gram Sevak. Be that as it may, said issue will be looked into by the Investigating Officer. However, counsel for the applicants on instructions submits that an amount of Rs.2,00,000/- shall be deposited by each of the applicant within period of four weeks from today with the Investigating Officer without prejudice to their right to raise appropriate defence in the Trial Court, if so charge-sheeted.
10. The statement made by counsel for the applicants is accepted as an undertaking to this Court.
11. In that view of the matter, ad-interim protection to continue till then.
12. Matter to come up for consideration on 15th November, 2022.
[NITIN W. SAMBRE, J.]
BGP. 3 of 3